CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 2. LOCAL REGULATIONS

(a)   It shall be unlawful for any person to intentionally or recklessly deposit or cause to be deposited any debris, refuge, trash, or similar item, whether liquid or solid, upon any public street, highway, alley, road right-of-way, park, water way, drain, sewer or receiving basin, or other public place except by direction of some public officer or employee authorized by law to direct or permit such act or to discard the same upon any private property without the consent of the owner or occupant of such property. Nor shall any person cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the jurisdiction of the city in such manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, snow or other natural force or element, into any of the aforementioned places.

(Ord. 127, Sec. 1; Ord. 1557-05; Ord. 1565-06)

(a)   Any person who is not an officer of the law or a deputy to such officer who, within the corporate limits of the city, knowingly carries unconcealed on his or her person or in any vehicle under his or her immediate control, with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character which, when used, is likely to produce death or great bodily harm, shall be deemed guilty of a code violation. Provided, however, that an ordinary pocket knife with blades less than four inches in length shall not be construed to be a dangerous knife or a deadly weapon.

(b)   Any person who is not an officer of the law or a deputy to such officer who, within the corporate limits of the city, knowingly carries on his or her person or possesses in any vehicle under his or her immediate control, any unconcealed loaded firearm, except when on his or her land or in his or her abode or fixed place of business, shall be deemed guilty of a code violation.

(c)   In addition to the penalty for violation of this section, the presiding judge may, in his or her discretion, order such unconcealed weapon to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence,

(Ord. 174, Sec. 2)

(a)   Any person, other than an authorized peace officer in the performance of his of her duty, who discharges or shoots off any gun, pistol or other firearm within the corporate limits of the city, except at any properly licensed shooting gallery or upon a pistol range or a gun club, either of which shall be approved by the chief of police, shall be deemed guilty of a code violation. In addition to the penalty for the violation of this section, it shall be the duty of the municipal judge to order such weapon to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence.

(b)

(1)   That the restrictions of this section shall not apply to the following:

(A)  The discharge of shotguns, bows and arrows, pellet guns, BB guns, and air rifles on one's own property, providing that said property is a parcel consisting of five (5) or more acres, and so long as said discharge is no closer than three hundred feet (300') to any structure on any adjoining parcel of land.

(2)   That in addition to property owners of parcels identified above, these exceptions shall extend to leaseholders of single family dwellings, and/or persons with written permission granted by the property owner. However, all minor children otherwise eligible must be accompanied by and/or supervised by a parent, grandparent, or guardian.

(Ord. 174, Sec. 3; Ord. 04-525, Sec. 1)

(a)   It is unlawful for any person, other than a sheriff or other peace officer or any military unit of the state or of the United States, or any common carrier for hire, to transport or have in his or her possession or under his or her control, any firearm known as a shotgun or rifle with a barrel less than 18 inches in length, or any silencer; provided, that banks, trust companies, or other institutions or corporations subject to unusual hazard from robbery or holdup who have secured permits form the sheriff of the county in which they are located for one or more of their employees to have such firearms, may possess such firearms; provided further, that museums, American Legion posts and other similar patriotic organizations may possess such firearms when not used as a weapon and when possessed as a curiosity, ornament or keepsake.

(b)   Any person violating the provisions of this section is guilty of a code violation. In addition to the penalty for violation of this section, it shall be the duty of the municipal judge to order any such weapons as provided in this section to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence.

(Ord. 174, Sec. 4)

It is unlawful and a code violation for any person to sell, offer to sell, display, use, possess or carry any knife or knives having the appearance of a pocket knife, the blade or blades of which can be opened by a flick of a button, pressure on the handle or other mechanical contrivance. Any such knife is declared to be a dangerous or deadly weapon within the meaning of this scion and, shall, upon conviction, be forfeited to the city and the same shall be destroyed by the chief of police.

(Ord. 174, Sec. 8)

Any person not an officer of the law in the execution of his or her duty, who draws a pistol; revolver, knife or any other deadly weapon upon any person is guilty of a code violation. In addition the penalty for violation of this section, it shall be the duty of the municipal judge to order any weapon used in such manner to be forfeited to the city and the same shall be destroyed by the chief of police.

(Ord. 174, Sec. 9)

The penalties for violations of Article 2 of Chapter 11 of the City Code shall be those specified as Class B Misdemeanors in the Article 12 of the Uniform Public Offense Code for Kansas Cities as adopted in Section 11-101 of the Chapter. The fines and periods of confinement set out therein shall be in addition to the penalties set out in the individual sections of Article 2 of Chapter 11 of the City Code.

(Ord. 320)

(a)   No person operating a motor vehicle on a street, highway, alley, public park, parking lot, drive way or on private property, shall operate or permit the operation of any sound amplification system from within the vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle.

(b)   “Sound amplification system” means any radio, tape player, compact disc player, loud speaker, or other electronic device used for the amplification of sound.

(c)   “Plainly audible” means any sound produced by a sound amplification system from within the vehicle which clearly can be heard at a distance of fifty feet or more. Measurement standards shall be by the auditory sense, based upon direct line of sight. Words or phrases need not be discernible and bass reverberations are included. The motor vehicle may be stopped, standing, parked or moving on a street, highway, alley, public park, parking lot, driveway, or private property.

(d)   It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following apply:

(1)   The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;

(2)   The vehicle was an emergency or public safety vehicle;

(3)   The vehicle was owned and operated by the city or gas, electric, communications or refuse company;

(4)   The system was used for the purpose of giving instructions, directions, talks, addresses, lecture or transmitting music to any persons or assemblages of person in compliance with this code; or

(5)   The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city authorized to grant such approval.

(e)   Any person, individual, partnership, corporation or association who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed fifty dollars.

(Ord. 00-431)

It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, or loiter, or play in, about, or upon any public street, alley, sidewalk, vacant lot, parking lot, park playground, public place or other place normally accessible to the general public for public use, whether on foot or in a vehicle or any other means after the hour of 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday nights; and after the hours of 12:00 midnight on Friday and Saturday nights, and before the hour of 6:00 a.m. of any mornings; provided that such prohibitions shall not apply to those children who are accompanied by a parent or legal guardian, nor to those who are en-route by the most direct and accessible route from their homes to an authorized place of employment, nor to those who are en-route by the most direct and accessible route from an authorized place of employment, authorized place of entertainment, or authorized place of attendance to their residences; provided further, that the term “authorized” as used in this section shall denote prior authorization by a parent or legal guardian.

(Ord. 00-432, Sec. 2)

It shall be unlawful for any parent or legal guardian of any child under the age of 18 years to suffer, permit or allow such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, in violation of the provision of section 11-209 of this ordinance.

(Ord. 00-432, Sec. 2)

(a)   Any officer finding a child violating the provisions of section 11-209 shall warn said child to cease and desist such violation and immediately return home to their parent and/or guardian. Any child violating the provisions of this chapter shall be dealt with according to Kansas Code for Care of Children, K.S.A. 38-1501 et seq.

(b)   Officers shall forthwith cause a written notice to be served upon the child's parent or guardian, setting forth the manner in which the provisions of section 11-209:210 have been violated. If said parent or guardian permits said child to continue violating said provisions after receiving said written notice of the first violation, they shall be subject to a fine not to exceed $500.00 for each violation.

(Ord. 00-432, Sec. 2)

Except as authorized by the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq. and amendments thereto, it shall be unlawful for any person to possess or have under such person's control:

(a)   Any depressant designated in subsection (e) of K.S.A. 65-4105, subsection (e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A. 65-4109 or subsection (b) of K.S.A. 65-4111, and amendments thereto;

(b)   Any stimulant designated in subsection (f) of K.S.A. 65-4105, subsection (d)(2), (d)(4) or (f)(2) of K.S.A. 65-4107 or subsection (e) of K.S.A. 65-4109, and amendments thereto;

(c)   Any hallucinogenic drug designated in (d) of K.S.A. 65-4105 and amendments thereto or designated in Subsection (g) of K.S.A.           65-4107 and amendments thereto or designated in Subsection     (g) of K.S.A. 65-4109 and amendments thereto;

(d)   Any substance designated in subsection (g) of K.S.A. 65-4105, and amendments thereto, and designated in subsection (c), (d), (e), (f) or (g) of K.S.A. 65-4111 and amendments thereto; or

(e)   Any anabolic steroids as defined in subsection (f) of K.S.A. 65-4109 and amendments thereto.

(Ord. 04-516, Sec. 2:3; Code 2009)

Except as authorized by the Uniform Controlled Substances Act, it shall be unlawful for any person to possess or have under such person’s control, following a prior conviction of such offense, any of the substances listed in Section 11-212.

Any person who violates this Section after having been previously convicted of a Federal, State, or City enactment containing prohibition substantially similar to the prohibitions contained herein, shall, upon conviction be punished by incarceration in the Sedgwick County Jail for a period of time not to exceed one (1) year and/or be sentenced to pay a fine in an amount not to exceed $2,500.00.

(Ord. 04-516, Secs. 2:3; Ord. 1620-08, Sec. 1; Code 2009)

(a)   No person shall use or possess any drug paraphernalia.

(b)   For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Section 11-212 herein, or the Uniform Controlled Substances Act, K.S.A. 65-4101 et seq., and amendments thereto. “Drug paraphernalia” shall include, but is not limited to, those items set forth in subsection (c) of K.S.A. 65-4150 and amendments thereto. In determining whether an object is drug paraphernalia, in addition to all other logically relevant factors, the court shall consider the factors set forth in K.S.A. 65-4151 and amendments thereto.

(c)   Violation of this section is punishable by a fine of not less than $50.00 nor more than $1,000.00, or by six (6) months imprisonment, or both.

(Ord. 04-516, Sec. 4; Ord. 06-1559, Sec. 1:3)

(a)   It shall be unlawful for any person to drop, deposit, or leave any litter, trash, debris, or unwanted property on either public or private property without the prior consent of the owner of such public or private property.

(b)   It shall be unlawful for any person to leave at the City brush pile any yard waste, including grass clippings, except for tree and bush limbs which are specifically allowed.

(Ord. 1661-13)